> There's nothing anthropomorphic about recognizing that intent may be coded in such a way that a computer obeys that intent.
What a computer does may be evidence of intent, just as a lock (or lack thereof) may be evidence of intent. But just like an unlocked door is not evidence of intent to make something accessible, neither is an unlocked computer.
> Consider, if you will, whether your preferred position is one that will lead to improvements.
The Internet belongs to ordinary people, not folks who have read the HTTP spec. (It's their world, we just live in it.) "Improvements" will be had when the rules comport with what ordinary people want and expect. Ordinary people don't think about computer security; they expect that, like in the real world, people won't go into places that don't look like they're meant for the public just because there's no locks to prevent them from doing so. The law should reflect those expectations.
Laws exist to create social norms. HN users are preoccupied with data security, but ordinary people hate security measures and are bad at it. So it seems completely backward to me to codify in the law the idea that accessing data should be presumed to be permissible just because the owner of the data didn’t secure it.